Halos Cocktails Lease Agreement


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HALOS COCKTAILS
FREE LOAN SERVICE EQUIPMENT LEASE AGREEMENT

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Belvoir Trading Ltd

Unit 9 Longhedge Lane Industrial Estate Bottesford
Nottinghamshire
NG13 0BF
Tel: 01949 844083 / 07768 234634 Email: info@haloscocktails.com

1. Definitions

In this Lease, the following words shall have the following meanings: -
“Equipment” (Halos Refrigeration unit serial number)
“Lessee's Covenants” - The Covenants contained at Clause 4
“Premises” (Venue / Premises where the Halos Frozen Cocktail machine is sited / on free loan)

Full replacement: Value of £1,800.00 + VAT

2. The Lease

2.1  The Lessor hereby leases the Equipment to the Lessee on the terms of this Lease.

2.2  This Lease shall commence on - (Day of install) - (the “Commencement Date”) and shall continue for the term of 6 months’ subject to termination by the Lessor as provided below (the “Term”), and subject to renewal for subsequent terms of 0 months by agreement between the parties but in all other aspects on the same terms as contained herein.

3. Payment

The Equipment is supplied on free monthly rental terms during the period of the loan agreement subject to:

3.1 The equipment must be solely used for the dispensing of the “Halos” Frozen Cocktails range of products
3.2 The “Halos” Frozen Cocktails dispensed from the equipment are purchased and supplied only from Belvoir Trading Ltd at the agreed case rate, or from the recommended supplier.
3.3 In relation to a single bowl machine, the Lessee during the term of the lease must purchase a minimum of 21x5ltr containers of Halos Frozen Cocktail mix. In relation to a double bowl machine, the Lessee during the term of the lease must purchase 28x5ltr containers of Halos Frozen Cocktail mix.
3.4 If the Lessee does not purchase the required number of Halos from Belvoir Trading Ltd or one of the recommended suppliers it is considered a breach of contract but will not result in loss of deposit paid by the Lessee.
3.5 The Lessee must only use Halos product from Belvoir Trading Ltd or the recommended suppliers in the machine. It will be considered a breach of contract to use any other product from another manufacturer and will result in the immediate removal of the equipment and loss of deposit paid.
3.6 If the lessee is found to be in breach of the agreement in any way, this will result in loss of the deposit paid and a collection fee of £100 will be charged to the Lessee for the collection of the equipment.
3.7 The Lessee will be charged a service fee by the Lessor for service and consumables associated with the Halos Frozen Cocktail brand. In relation to a single bowl machine the service charge will be £15 per month and in relation to a double bowl machine the service charge will be £20 per month. The Lessee agrees to pay the Lessor the service fee by direct debit 7 days after installation of the equipment and then monthly thereafter during the time the equipment is installed

4. Lessee's Covenants

The Lessee agrees to:

4.1 Allow the Lessor upon reasonable notice at any time access to the Equipment.
4.2 Make no alterations or (save with the Lessor's prior consent) repairs to the Equipment.
4.3 Ensure that the Equipment is used with reasonable care, only for the purpose for which it is designed and in accordance with the Lessor's instructions.
4.4 Allow the Lessor to inspect the equipment in Belvoir Trading Ltd premises prior to Lessor refunding and deposit/s paid by the Lessee.

4.5 Reimburse the Lessor for any costs due to negligence or improper use of the Equipment.

4.6 Keep the Equipment in its possession at the Premises and neither to sell offer for sale assign mortgage pledge lend or otherwise deal with the Equipment or any interest in it or in the Lease not put keep or store away any products in the Equipment other than products which are suitable for storage in the Equipment, and which are supplied to the Lessee by the Lessor.
4.7 Upon the expiration or termination of this Lease continue to carry out its obligations and irrevocably to permit the Lessor at any time to enter its premises and remove the Equipment.

4.8 If the Lessee is a Limited company, PLC, Charity or Member Club and the venue or business closes the lessee owner, company secretary and or signatory to this agreement will be personally, liable for the cost of the equipment.
4.9 Should the Lessee use or be found to be using any other products other than Halos within the machine (Equipment) a rental will be charged to the Lessee at a rate of £120 per month for the full term the machine (Equipment) has been on the Lessee’s premises.

5. Ownership

The Lessor shall at all times retain the ownership of Equipment and the Lessee shall have no interest in it save as provide by this Lease.

6. Insurance

6.1 The Lessee will throughout the Term keep the equipment insured for full replacement value against loss or damage from all risks. The Lessee shall notify its insurers that the Equipment is leased and request them to note the Lessor's interest on the policy and shall on demand show the Lessor the insurance policy and premium receipts. If the Lessee shall fail to pay any such insurance the Lessor may pay it and be reimbursed by the Lessee on demand. The Lessee shall indemnify the Lessor against all lose.

6.2 If any event occurs which is covered by the Lessee's insurance hereunder, the Lessee shall immediately notify the Lessor, allow the Lessor at its request to take over conduct of negotiations and shall at the Lessee's expense take such proceedings as the Lessor directs, holding all sums recovered, together with any monies received under its insurance policy on trust for the Lessor and paying the same as the Lessor directs. In the case of a total loss, this Lease shall terminate except where at its opinion the Lessor supplies a replacement, which shall then be included in the meaning of Equipment.

7. Liability

7.1 The Lessee shall be solely responsible for and hold the Lessor fully indemnified against all claims, demands, liabilities, losses, damages and costs which may be brought against or incurred by the Lessor as a result of any incident involving the Equipment other than death or personal injury resulting from the Lessor's negligence.
7.2 The Equipment is not leased subject to any condition or warranty, express, implied or statutory as to fitness for the purpose or satisfactory quality and any conditions and warranties are excluded in so far as permitted by statute and (save in respect of the Lessor's liability for death or personal injury caused by its negligence) the Lessor will not be responsible for any liability, claim, loss, damage or expense of any kind caused by the Equipment.

8. Termination

8.1 If any of the following events occur, namely:

8.1.1 shall commit a breach of any term of this Lease or anything occurs which is in the Lessor's opinion may jeopardise the Lessor's rights in the Equipment.
8.1.2 If any distress or execution shall be levied on or against the Equipment or the Lessee shall permit any judgement against it to remain unsatisfied for 7 days.

8.1.3 If the Lessee shall die, enter a voluntary arrangement or suffer the making of a statutory demand or the presentation of a bankruptcy petition; or

8.1.4 If the Lessee shall enter any liquidation, call any meeting of its creditors, have a receiver or receiver manager of any of its undertaking or assets appointed suffer the appointment or presentation of a petition for the appointment of an Administrator or shall be deemed unable to pay its debts,

8.1.5 In the event of the Lessee failing to inform Belvoir Trading Ltd of a change of ownership of a venue/premises, or if the lessee should move the equipment to other venue/premises without informing Belvoir Trading Ltd in writing, the Lessee will forfeit the deposit paid.
8.1.6 If the Lessee is in any breach of any of the Lessee's covenants, then the Lessor may thereupon or at any time within 1 month thereafter by notice in writing to the Lessee forthwith terminate this Lease.

8.2 The cost of repairs then required resulting from negligence or improper use of the Equipment (including use of the Equipment contrary to the Lessee's Covenants) compensation for the Lessor's loss as a result of termination as determined by the Lessor and any other sums which are or become due to the Lessor or to which it is entitled by way of damages. Immediately upon termination the Lessee shall return the Equipment to the Lessor and if the Lessee fails to do so within 7 days of termination, the Lessor shall be entitled to enter upon any premises of the Lessee or any third party where the Equipment it stored and repossess the Equipment.

8.3 Immediately upon termination the Lessee shall return the Equipment to the Lessor and if the Lessee fails to do so within 7 days of termination, the Lessor shall be entitled to enter upon any premises of the Lessee or any third party where the Equipment is stored and repossess the Equipment. Termination shall not affect the Lessor's rights or Lessee's liabilities subsisting at the date of termination.
8.4 If the equipment is returned incomplete the following price list shall apply for any missing items of equipment.
Bowl each £50, Spiral each £20, Handle and plunger each £15, Drip tray each £20, Lid each £60. Total loss or irreparable damage to machine £1,800.00 + VAT.
8.5 All returned equipment will be inspected by Belvoir Trading Ltd at our premises prior to the Lessor returning the deposit paid by the lessee.

9. Duties of the Lessor

9.1 The Lessor shall during the Term carry out at its expense any necessary repairs or replacements to the Equipment except where due to negligent use of the Equipment.
9.2 The Lessor shall, providing the Lessee is not in breach of this contract and the equipment is returned in acceptable condition, return any deposit paid against the equipment to the Lessee.

10. General

Any written notice between the parties shall be sufficiently served if sent by prepaid post or delivered by hand to the relevant address referred to above is sent by post shall be deemed to have received 48 hours after posting and otherwise at the date of delivery.

11. Governing Law

This Lease shall be governed and construed according to the Law of England.

Venue Name:

Venue Address:

Venue Contact Number:

Halos Machine Required:

Registered Company Name / Soletrader:

Registered Business / Home Address:

Full Name:

Your Position:

Registered Company Number (If Applicable):  

Leave this empty:

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Signed by Belvoir Trading Ltd
Signed On: 15 September 2021


Signature Certificate
Document name: Halos Cocktails Lease Agreement
lock iconUnique Document ID: ff34eb85e5fb2a651cf15db3f1ba8227454d7e7a
Timestamp Audit
3 September 2021 12:35 pm BSTHalos Cocktails Lease Agreement Uploaded by Belvoir Trading Ltd - info@haloscocktails.com IP 2.222.13.163